Mortimer Clarke Solicitors - claim form ( Northampton Court )

[MIKE770]

ring them or write quoting case number

[Aleksandra_w]

Hi, so I contacted the court. Lady informed me that I have till the 22/2 to file my defence. She also mentioned that Mortimer Clarke will not respond to me and will wait for my defence claim.
Is there any ways i could get assistance to start drafting my defence case?

[MIKE770]

Example Defence only submit 2 days before deadline then they Mortimers cannot trash it before filed file on line using detail top right on claim form.

[Aleksandra_w]

Hi, about submit the defence. What do I put in pout 4 and 7? If I use this defence example

[MIKE770]

no good denying if you know you did.

if you seem it statute barred no contact amend to that quoting:-

CONC 7.15. G01/04/2014
A debt is statute barred where the prescribed period within which a claim in relation to the debt may be brought expires. In England, Wales and Northern Ireland, the limitation period is generally six years in relation to debt. In Scotland, the prescriptive period is five years in relation to debt.

[Aleksandra_w]

thank you for your prompt response.

Ok, so I acknowledge that. Even that they have not provided agreement nor any requested documents to prove that?
What shall I write in section 7?

In section 14 I have sent Cabot CCA request back in October 2020 but do not recall receiving it shall I Include that?

[MIKE770]

state on such a date a request for CCA1974 in order for me to confirm if/if not was sent with a £1.00 payment - todate nothing received from xxxxxx

[MIKE770]

Celestine

@echat11

[echat11]

thank you for your prompt response.

Ok, so I acknowledge that. Even that they have not provided agreement nor any requested documents to prove that?
What shall I write in section 7?

In section 14 I have sent Cabot CCA request back in October 2020 but do not recall receiving it shall I Include that?

a) Providing you haven't made any payments or acknowledged the debt in the last 6 years, you write the following -

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years


Section 14, have you asked for an extension of time? If not, leave that out.

[Aleksandra_w]

So I have been making token payment of £1 to the Cabot until I sent letter requesting CCA in October 2020.

[Aleksandra_w]

My apologies not section 14 it was section 12, shall I mentioned that I have sent letter to Cabot in October requesting CCA but I don’t recall receiving it

[MIKE770]

Not statute barred as payment made is acknowledgment. leave that out.

[MIKE770]

on such a date a request for CCA1974 with appropriate payment of £1.00 was made to Cabot and to date is outstanding request.

[echat11]

on such a date a request for CCA1974 with appropriate payment of £1.00 was made to Cabot and to date is outstanding request.

Agree.

[Aleksandra_w]

Thank you.

Section 4

4.It is admitted that the Defendant has previously entered into an agreement with “Original Creditor” for provision of credit.

shall I state who was an original creditor? (Capital one)